Terms
of Use:
These terms of use
("Terms")
govern your use of the Pattern website, www.patternbodywash.com
("Website").
The products specified on this Website ("Products")
are sold by Us to You on these terms and conditions. Your use
of this Website and/or your purchase of Products mean you accept
these Terms. Do not use this Website or purchase any Products
if you do not accept these Terms.
1. Purchase
1.1. Unless otherwise stated all prices quoted by Us are inclusive
of sales tax.
1.2. Prices quoted are those current at the date of your purchase
and do not include the cost of delivery.
1.3. If We make any alternations to the price of the Products
either before acceptance of or during the currency of the Terms,
these alternations are payable by You.
1.4. You will pay for the Products at the time of your purchase
by Credit Card or by bank transfer. Alternatively, you will pay
for the Products by money order or check before the Products
are delivered to you.
2. Ownership of Products
We will retain ownership of the Products until all fees owed
by You to Us are fully paid. The risk of the Products shall pass
to the You upon delivery.
3. Delivery
The delivery times made known to You at the time of purchase
are estimates only and We are not liable for late delivery or
non-delivery. We are not liable for any loss, damage or delay
occasioned to You or Your customers arising from late or non-delivery
of the Products. The carriage of the Products is also subject
to the regulations of the relevant carrier.
4. Product Specification
4.1. All Products to be supplied by Us to You are as described
on the Website unless otherwise agreed at the time of purchase.
We will take all reasonable steps to supply the Products in accordance
with the description on the Website but reserve the right to
supply the Products subject to minor variations in actual dimensions
and specifications.
4.2. You agree that the color and appearance of the Products
may vary slightly from the way they appear on the Website.
4.3. All orders are subject to acceptance and availability of
the Products ordered and receipt of payment from you. We are
entitled to refuse any order placed by you by notice.
4.4. We will not be liable to You under these Terms for an incorrect
description of the Products submitted to Us by the creator of
the Product or an agent of the Product's creator.
5. Loss or Damage
in Transit
5.1. We are not responsible to You or any person claiming through
You for any loss or damage to the Products in transit caused
by any event of any kind by any person (whether or not We are
legally responsible for the person who caused or contributed
to that loss or damage).
5.2. We must provide You with such assistance as may be necessary
to press claims on carriers so long as You:
* (a) have notified Us and the carriers in writing immediately
after loss or damage is discovered on receipt of the Products;
and
* (b) You have lodged a claim for compensation on the carrier
within three (3) days of the date of receipt of the Products
6.
Cancellations
6.1. No order may be cancelled except with Our consent in writing
and on terms which will indemnify Us against all losses.
7. Returns
7.1. Except as stated under the Pattern Guarantee, we are not
under any duty to accept Products returned by You and will do
so only on terms to be agreed in writing in each individual case
unless we agree that there is a substantial deviation from the
product specification pursuant to clause 4 in which case we will
either replace the Products without charge or refund the price
of the Products paid by You.
7.2. You will be deemed to have accepted the Products free of
defect or any non-conformity unless We receive a substantiated
written claim within five (5) days of the date that We deliver
the Products to You, as the case may be.
7.3. If We agree to accept returned Products from you under clause
7.1 or 7.2 of this clause, You must return the Products to Us
at Your expense in their original packaging with the dispatch
note at Our place of business referred to on this Website
8. Warranty
8.1. To the extent permitted by law, We exclude any and all loss,
costs, damages, or expenses of whatsoever nature including, but
not limited to, loss of profits, loss of savings or other incidental
or consequential damages arising out of, relating to or connected
in any manner whatsoever with your use of the Website or the
Products. In the event that such liability cannot be excluded,
we limit our liability to, at Our option, to any one or more
of the following:
* (a) the replacement of the goods or the supply of equivalent
goods;
* (c) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
* (e) the return of monies paid by You to You.
9. Intellectual Property
Rights
9.1. The material contained on this Website and in the Products
is protected by copyright. You may use this Website and the Products
for your own non-commercial purposes in accordance with these
Terms.
9.2. You must not use, copy, modify, publish, transmit, store,
or distribute the material on this Website or the Products, or
create any other material using material on this Website without
prior written approval from Us except to the extent permitted
by relevant copyright legislation in the Territory.
9.3. Except with prior written consent from Us, trade marks (whether
registered or unregistered) and logos on this Website must not
be used or modified in any way by You.
9.4. This Website and the Products, images, material and processes
contained in this Website may be the subject of other intellectual
property rights owned by Us or by third parties. Your use of
this web site and the Products must not in any way infringe the
intellectual property rights of any person.
9.5. You agree to indemnify Us and keep Us indemnified against
any damages, claims, liabilities, losses and expenses arising
out of any misuse by you of the Products or any part of the Website.
10.
External Sites
10.1. This Website may contain links to third party websites.
We make no warranties and accept no liability in relation to
material contained in any third party website and provide the
link merely for your consideration and convenience. A link to
a third party website should not be construed as an endorsement,
recommendation or approval of the content on that website.
11. Security
of the Website
11.1. We accept no responsibility or liability for interference
with transmissions over the Internet or by email or any consequent
loss or liability caused to You.
12. Privacy
You agree with the terms of our privacy policy.
13. General
13.1. (Jurisdiction) This Contract shall be governed by the laws
of the State of Colorado and the parties submit all disputes
arising between them to the courts in the State of Colorado and
any court competent to hear appeals from those courts of first
instance.
13.2. (Entire Contract) These Terms are the entire agreement
between the parties regarding the use of this Website and the
purchase of any Products and supersedes all previous negotiations,
commitments and agreements about the Website and the Products.
13.3. (Amendment) We reserve the right to change these Terms
at any time; we therefore recommend that you check the Terms
from time to time for any changes/updates. Your continued use
of the Website or purchase of Products will mean you accept the
amended Terms.
13.4. (No Waiver) No failure by Us to enforce any right under
these Terms is a waiver of that right, and no waiver of any breach
of these Terms is a waiver of any other or subsequent breach.
13.5. (No Reliance on Representations) You acknowledge that no
representations, either in words or by conduct, in connection
with or in the course of negotiations leading to the purchase
of Products have been made by Us other than the representations
expressly contained in these Terms.
13.6. (Severability) If any provision of these Terms is held
to be unenforceable, or invalid, for any reason, then:
* (a) that provision is deemed to be modified to the extent required
to remedy the unenforceability or invalidity; or
* (b) if it is not possible to remedy the unenforceability or
invalidity, that provision is to be severed from these Terms,
and these Terms will otherwise remain in full force.
13.7. (Interpretation) In these Terms unless the context requires
otherwise:
"We", "Us" and "Our" means Pattern
LLC which is the provider of the Products
"You" and "Your" means the user of the Website
and/or the purchaser of the Products who is over the age of eighteen. |